Illinois General Assembly - Full Text of SB0215
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Full Text of SB0215  102nd General Assembly


Rep. Jay Hoffman

Filed: 5/30/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 215 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5adding Section 13-226 as follows:
6    (735 ILCS 5/13-226 new)
7    Sec. 13-226. Opioid litigation.
8    (a) Definitions. In this Section:
9    "National multistate opioid settlement" means any
10agreement (i) to which the State and at least two other states
11are parties and (ii) in which the State agrees to release
12claims that it has brought or could have brought in an action
13against an opioid defendant or has the claims released in a
14final order entered by a court. "National multistate opioid
15settlement" includes (i) any form of resolution reached in a
16bankruptcy proceeding, provided that the Attorney General both



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1agrees to the specific terms of such resolution or agreement
2in a bankruptcy proceeding and announces his or her agreement
3in the record of such bankruptcy proceeding, or (ii) a final
4order entered by the bankruptcy court.
5    "Opioid defendant" means (i) a defendant in opioid
6litigation brought by the Attorney General, or (ii) a person
7or entity engaged in the manufacturing, marketing,
8distribution, prescription, dispensing, or other use of opioid
10    "Opioid litigation" means any civil litigation, demand, or
11settlement in lieu of litigation, alleging unlawful conduct in
12the manufacturing, marketing, distribution, prescription,
13dispensing, or other use of opioid medications.
14    "Unit of local government" has the meaning provided in
15Article VII, Section 1 of the Illinois Constitution of 1970.
16    (b) Release of claims.
17        (1) On and after the effective date of this amendatory
18    Act of the 102nd General Assembly, no unit of local
19    government or school district may file or become a party
20    to opioid litigation against an opioid defendant that is
21    subject to a national multistate opioid settlement unless
22    approved by the Attorney General.
23        (2) If counties representing 60% of the population of
24    the State, including all counties with a population of at
25    least 250,000, have agreed to an intrastate allocation
26    agreement with the Attorney General, then the Attorney



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1    General has the authority to appear or intervene in any
2    opioid litigation, and release with prejudice any claims
3    brought by a unit of local government or school district
4    against an opioid defendant that are subject to a national
5    multistate opioid settlement and are pending on the
6    effective date of this amendatory Act of the 102nd General
7    Assembly.
8    (c) Nothing in this Section affects the Attorney General's
9authority to appear, intervene, or control litigation brought
10in the name of the State of Illinois or on behalf of the People
11of the State of Illinois.
12    (d) When an intrastate allocation agreement between
13counties representing 60% of the population of the State,
14including all counties with a population of at least 250,000,
15and the Attorney General is reached, becoming a party to or
16filing opioid litigation against an opioid defendant that is
17subject to a national multistate opioid settlement are
18exclusive powers and functions of the State and a home rule
19unit may not file or become a party to opioid litigation
20against an opioid defendant that is subject to a national
21multistate opioid settlement unless approved by the Attorney
22General. This Section is a denial and limitation of home rule
23powers and functions under subsection (h) of Section 6 of
24Article VII of the Illinois Constitution.
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.".